Research On Internationalization Of Legislative Protection For Chinese Medicine Intellectual Property

Although my country is the home of traditional Chinese medicine and natural drugs,but our international market share is so less. It can be said that Chinese medicine industry isfacing significant risks. The situation is mainly because foreign companies (transnationalcorporations) take advantages of the modern intellectual property systems to possesstechniques of traditional Chinese medicine in our country for themselves by strengtheningintellectual property rights protection. How to protect traditional knowledge and resources oftraditional Chinese medicine in China by complying with international intellectual propertyobligations under rigid provisions of the Treaty has become the current problems to be solvedurgently. In the article my view is that an important way to solve the problem is to turn it intodomestic law by using the flexibility provisions of international treaties, so as to achieve thepurpose of protecting the intellectual property of traditional Chinese medicine. By analyzingthe flexibility provisions of the two international treaty of traditional medicine protectionrelated of intellectual property agreement—TRIPs and CBD—and comparing it with thepatent system for representative of existing intellectual property protection system in China,made perfect patent legal system of recommendations, and prospect future of legislativedevelopment trend.